25-1 Chapter 3 Judicial, Alternative, and E-Dispute Resolution.

25-1

Chapter 3

Judicial, Alternative, and

E-Dispute Resolution

Pretrial Litigation Process

Pleadings Discovery Settlement conference Pretrial motions

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 3-2

Pleadings

Complaint and summons Plaintiff files a complaint Lists parties to the lawsuit Alleges facts and laws violated Adds a prayer for relief Court issues summons Directs defendant to appear and answer


Pleadings

Answer Filed by the defendant Admits or denies allegations States affirmative defenses If all allegations are admitted, a judgment is

entered against the defendant If no answer is filed, a default judgment is entered


Pleadings

Cross-complaint Filed by the defendant against the plaintiff to seek

damages or other remedy Reply

Filed by the plaintiff Serves as answer to the cross-complaint


Pleadings

Intervention Other parties with an interest in the lawsuit

become parties to the lawsuit Consolidation

Several lawsuits stemming from the same situation filed against a common defendant

Court will consolidate the lawsuits if no undue prejudice exists

Reduces strain on court system


Pleadings

Class action Occurs when a group of plaintiffs collectively

bring a lawsuit against a defendant Must be certified by the appropriate federal or state

court Commonality of claims is essential


Case 3.1: U.S. Supreme Court Class Action Lawsuit

Case Walmart Stores, Inc. v. Dukes 131 S.Ct. 2541, 180 L.Ed.2d 374, Web 2011 U.S.

Lexis 4567 (2011) Supreme Court of the United States

Issue

Is the certification of the class justified by law?


Pleadings

Statute of limitations Establishes the period during which a plaintiff

must bring a lawsuit against a defendant If a lawsuit is not filed within this time period,

plaintiff loses the right to sue Established for each type of lawsuit


Discovery

Process of discovering facts about the case and witnesses before trial

Purposes Preventing surprises during trial Allowing parties to thoroughly prepare for trial Preserving evidence Saving court time Promoting settlement of cases


Discovery

The major forms of discovery are: Deposition Interrogatories Production of documents Physical and mental examination


Pretrial Motions

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial

Types Motion for judgment on the pleadings Motion for summary judgment


Settlement Conference

Also known as pretrial hearing Facilitates the settlement of a case without trial Informal conference Used to identify major trial issues and relevant factors Most cases settle before trial


Trial

7th Amendment guarantees the right to a jury trial in cases in federal court

Jury trial is held upon the request of either party If both parties waive their right to a jury, the trial will

be without a jury The judge is the trier of fact in nonjury trials


Phases of Trial

Jury selection Opening statements The plaintiff’s case The defendant’s case Rebuttal and rejoinder

Jury selection Opening statements The plaintiff’s case The defendant’s case Rebuttal and rejoinder

Closing arguments Jury instructions and

deliberation Verdict Entry of judgment


Appeal

An appeal can be filed once a final judgment is entered

In a civil case Either party can appeal the trial court’s decision

In a criminal case Only the defendant can appeal


Appeal

Appellate court will: Reverse lower court decisions for errors of law Reverse finding of fact only if it is unsupported by

any evidence Not reverse a finding of fact made by a jury or

judge


Alternative Dispute Resolution (ADR)

Methods of resolving disputes other than litigation Negotiation Arbitration Mediation Mini-Trial Fact-finding Judicial Referee



Negotiation Parties engage in discussions to try to reach a

voluntary settlement May take place at any level of litigation Parties make offers and counteroffers A settlement-agreement is entered into



Arbitration Common in commercial and labor disputes Parties choose neutral third party to hear evidence

and testimony and decide the case Arbitrator makes a decision and enters an award Arbitration can be binding or non-binding



Uniform Arbitration Act Promotes the arbitration of disputes at the state

level Federal Arbitration Act

A federal statute that provides for the enforcement of most arbitration agreements



Mediation Parties choose a neutral third party to assist them Settlement is reached through intermediation Mediator is allowed to give opinions to either

party Mediator does not make judgment or issue

award



Mini trial Voluntary private proceeding Lawyers for each side present their cases to

representatives of each party A neutral third party can be hired Parties get to see the strengths and weaknesses of

their case



Fact finding A neutral fact-finder is employed to investigate the

dispute The fact-finder presents the findings to the parties The information is used in negotiating a settlement The fact-finder is not authorized to make a

decision or an award



Judicial referee Court-appointed referee who conducts a private

trial and renders a judgment The decisions stand as judgments of the court Parties reserve their right to appeal


Case 3.2: U.S. Supreme Court Class ActionWaiver

Case AT&T Mobility LLC v. Concepcion 131 S.Ct. 1740, 179 L.Ed.2d 742, Web 2011 U.S.

Lexis 3367 (2011) Supreme Court of the United States

Issue

Does the Federal Arbitration Act (FAA) preempt California’s law that outlaws class action waivers?


E-Courts and E-Dispute Resolution

E-Courts Used to settle legal disputes via the Internet Allow online filing of pleadings, briefs, and

documents Evidence and documents can be scanned for

storage Scheduling and conferences with the judge are

held via telephone conferences and e-mail


25-1 Chapter 3 Judicial, Alternative, and E-Dispute Resolution.

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